Preview
FILED
3/26/2024 3:07 PM
FELICIA PITRE
DISTRICT CLERK
DALLAS CO., TEXAS
Lauren Beavers DEPUTY
CAUSE NO. DC-23-11760
BESPOKE DEVELOPMENT RAVINE, § IN THE DISTRICT COURT
LLC, §
§
Plaintzffi §
§
v. § DALLAS COUNTY, TEXAS
§
§
CHRISTOPHER ASLAM, §
§
Defendant/Third—Party Plain nfiS §
§
v. §
BRIGGS/FREEMAN REAL ESTATE g 44TH JUDICIAL DISTRICT
BROKERAGE, LLC, §
§
Thint-Party Defendant. §
BRIGGS/FREEMAN REAL ESTATE BROKERAGE, LLC’S FIRST AMENDED
ANSWER TO DEFENDANT’S ORIGINAL THIRD-PARTY PETITION AND
COUNTERCLAIM
Third-Party Defendant Briggs/Freeman Real Estate Brokerage, LLC (“Briggs/Freeman”)
files this First Amended Answer to Defendant/Third—Party Plaintiff Christopher Aslam’s Original
Third-Party Petition and respectfully shows this Honorable Court the following:
I. GENERAL DENIAL
1. Pursuant to Rule 92 of the Texas Rules of Civil Procedure, Briggs/Freeman generally
denies the claims and allegations in Defendant/Third-Party Plaintiff’s Original Third-Party Petition
and any supplements or amendments thereto, contends those allegations are not true in whole or
in part, and demands strict proof thereof as required by Texas law.
THIRD PARTY DEFENDANT BRIGGS/FREEMAN REAL ESTATE BROKERAGE, LLC’S FIRST AMENDED
ANSWER TO DEFENDANT/ THIRD PARTY PLAINTIFF’S ORIGINAL THIRD-PARTY PETITION AND
COUNTERCLAIM PAGE 1
294670023V.1
II. AFFIRMATIVE DEFENSES
2. Third-Party Plaintiffs’ claims and/or causes of action against Briggs/Freeman are barred
for failure to state a claim upon which relief can be granted.
3. Pleading further and in the alternative, Third-Party Plaintiff’ s claims and/or causes of
action against Briggs/Freeman are barred in Whole or in part because no act or omission by
Briggs/Freeman was a proximate, producing or clear and convincing cause of Third-Party
Plaintiff’s alleged injuries and damages.
4. Pleading further and in the alternative, Third-Party Plaintiff’ s claims and/or causes of
action against Briggs/Freeman are barred in whole or in part by third parties over Whom
Briggs/Freeman possesses no right of control, and for whom it is not legally responsible.
5. Pleading further and in the alternative, Third-Party Plaintiff’s claims are barred under the
doctrine of failure to mitigate.
6. Pleading further and in the alternative, Briggs/Freeman made no material or false
representations to Third-Party Plaintiff upon which he relied to his detriment.
7. Pleading further and in the alternative, Briggs/Freeman hereby invokes the comparative
responsibility provisions of Chapter 33, et. seq., of the Texas Civil Practice and Remedies Code,
and specifically requests that the trier of fact determine, as to each cause of action asserted, the
percentage of responsibility for each claimant, each defendant, each third party, each settling party,
and each responsible third party designated under Section 33.004 of the Texas Civil Practice and
THIRD PARTY DEFENDANT BRIGGS/FREEMAN REAL ESTATE BROKERAGE, LLC’S FIRST AMENDED
ANSWER TO DEFENDANT/ THIRD PARTY PLAINTIFF’S ORIGINAL THIRD-PARTY PETITION AND
COUNTERCLAIM PAGE 2
294670023V.1
Remedies Code.
8. Pleading further and in the alternative, Briggs/Freeman is or may be entitled to credits, off-
sets, contribution, and indemnity pursuant to the common law of the State of Texas and Chapters
32 and 33 of the Texas Civil Practice & Remedies Code.
9. Pleading further and in the alternative, Third-Party Plaintiff’ s claims for pre-judgment
interest are limited by the dates and amounts set forth in one or more of the following statutes, as
applicable to this case:
a. Article 50694.05, Section 6, TEX. REV. CIV. STAT. ANN.;
b. Chapter 41, Section 41.007, TEX. CIV. PRAC. & REM. CODE, ANN .; and
c. Texas Finance Code.
10. Pleading further and in the alternative, the calculation of post-judgment interest is governed
by TEX. FIN. CODE §304.003(c).
III. RECOVERY OF ATTORNEYS’ FEES
11. Pursuant to TEX. R. CIV. P. 38, Defendant hereby invokes its right to seek recovery of
attorneys’ fees pursuant to the terms and conditions of Paragraph 17 of the One-to-Four Family
Residential Contract (Resale) TREC promulgated Improved Property Contract executed by
Plaintiff which allows Defendant, as a Listing Broker and Buyer’s Broker, who prevails in any
legal proceeding related to the Contract, to be entitled to recover reasonable attomey’s fees and all
costs of such proceeding.
THIRD PARTY DEFENDANT BRIGGS/FREEMAN REAL ESTATE BROKERAGE, LLC’S FIRST AMENDED
ANSWER TO DEFENDANT/ THIRD PARTY PLAINTIFF’S ORIGINAL THIRD-PARTY PETITION AND
COUNTERCLAIM PAGE 3
294670023V.1
IV. COUNTERCLAIM
Third-Party Defendant Briggs/Freeman Real Estate Brokerage, LLC (“Briggs/Freeman”)
files this Counterclaim against Defendant/Third-Party Plaintiff Christopher Aslam and
respectfully shows this Honorable Court the following:
12. On or about June 3, 2023, Christopher Aslam (“Aslam”) and Natalie Ribail
("Ribail”)(collectively “Clients”) executed a Residential Buyer/Tenant Representation Agreement
(“Representation Agreement”) with Janelle Alcantara (“Alcantara”) of Briggs Freeman Sotheby’s
(collectively “Broker”). Clients agreed to give exclusive rights to Broker to act as the Clients’ real
estate agent for purposes of acquiring property in the Dallas, Texas market areas of Preston
Hollow, Bluffview, and Park Cities.
13. Clients located a house and lot for sale on 5234 Ravine Drive, Dallas, Texas 75220
(“Property”). Client Christopher Aslam (“Aslam”) made an offer to purchase the Property for $5 .3
million dollars. Aslam did not terminate the transaction during the contract’s termination option
period. The sales contract became enforceable.
14. On or about July 5, 2023, the day before closing, Aslam informed Alcantara his financing
was delayed and he asked for additional time to consummate the sale. The sellers did not extend
the time to close and performed by closing on the Property. Aslam, despite several promises to
the Broker that he intended to close, never performed under the contract.
15. Paragraph 11 of the Representation Agreement governs the payment of Broker’s Fees and
states in relevant part:
THIRD PARTY DEFENDANT BRIGGS/FREEMAN REAL ESTATE BROKERAGE, LLC’S FIRST AMENDED
ANSWER TO DEFENDANT/ THIRD PARTY PLAINTIFF’S ORIGINAL THIRD-PARTY PETITION AND
COUNTERCLAIM PAGE 4
294670023V.1
11. BROKER'S FEES:
A. Cummisslon: The parties agree that Broker will receive a commission calculated as follows:
{1} 3.000 % of the gross sales price if Client agrees to purchase property in the market area; and
[2} if Client agrees to lease property in the market area a fee equal to (check only one box):
% of one month's rent or D % of all rents to be paid over the term
of the lease.
B. Source of Commission Payment. Broker will seek to obtain payment of commission specified
11A from the seller, landlord or their agents If such
the
rsons refuse
' irI
Paragraph first
Broker receives from such persons.
C. Earned and Payable: A person is not obligated to pay Broker a commission until such time as Broker's
commission is earned and payable. Broker‘s commission is earned when: {1) Client enters into a
contract to buy or lease property in the market area; or (2) Client breaches this agreement. Broker's
commission is payable. either during the term of this agreement or after it ends, upon the earlier of: {1}
the closing of the transaction to acquire the property; (2) Client's breach of a contract to buy or lease a
property in the market area; or (3) Client's breach of this agreement. If Client acquires more than one
property under this agreement, Broker's commissions for each property acquired are earned as each
properly is acquired and are payable at the closing of each acquisition.
16. Clients agreed to pay a three percent commission to Broker under Paragraph 11.A.(1).
Under Paragraph 11.B., Clients agreed that Broker would first look to the seller or its agent to
fulfill that payment obligation. Under Paragraph l 1.C., the Broker’s commission owed by Clients
was “earned” when Aslam contracted to purchase the Property. The Commission became
“payable” when Aslam breached the sales contract by failing to close the transaction.
l7. Due to Aslam’s default, the sellers of the Property have not paid Broker any commission.
Aslam has breached the Representation Agreement and owes Briggs/Freeman three percent of the
gross sales price of $5.3 million dollars which is $159,000.
l8. Aslam entered into the Representation Agreement. He breached the Representation
Agreement and Briggs/Freeman has earned its commission which is payable under the agreement.
19. Pursuant to Paragraph l4 of the Representation Agreement, Paragraph l7 of the One-to-
Four Family Residential Contract (Resale) and pursuant to Chapter 38 of the Texas Civil Practice
THIRD PARTY DEFENDANT BRIGGS/FREEMAN REAL ESTATE BROKERAGE, LLC’S FIRST AMENDED
ANSWER TO DEFENDANT/ THIRD PARTY PLAINTIFF’S ORIGINAL THIRD-PARTY PETITION AND
COUNTERCLAIM PAGE 5
294670023v.1
& Remedies Code, Briggs/Freeman further seeks all attorneys fees and costs it has incurred in
bringing this claim.
WHEREFORE, Third Party Defendant Briggs/Freeman Real Estate Brokerage, LLC prays
that this Court will dismiss those allegations and that Defendant/Third-Party Plaintiff takes nothing
from his suit against Briggs/Freeman, that all claims and causes of action against it be denied, that
damages it has incurred for Defendant’s breach of contract be awarded, and it seeks other and or
further relief to which it is justly entitled.
Respectfully submitted,
/s/ Brittany L. Davis
Susan A. Schwartz
Texas Bar No. 00797900
susan.schwartz@wilsonelser.com
Brittany L. Davis
Texas Bar No. 24093404
brittany.davis@wilsonelser.com
WILSON ELSER MOSKOWITZ EDELMAN
& DICKER LLP
901 Main Street, Suite 4800
Dallas, Texas 75202
214-698-8000 — telephone
214-698-1101 — telecopier
COUNSEL FOR THIRD PARTY
DEFENDANT BRIGGS/FREEMAN REAL
ESTATE BROKERAGE, LLC
THIRD PARTY DEFENDANT BRIGGS/FREEMAN REAL ESTATE BROKERAGE, LLC’S FIRST AMENDED
ANSWER TO DEFENDANT/ THIRD PARTY PLAINTIFF’S ORIGINAL THIRD-PARTY PETITION AND
COUNTERCLAIM PAGE 6
294670023v.1
CERTIFICATE OF SERVICE
A true and correct copy of the foregoing has been served on all counsel of record on this
26th day of March 2024, through the e-filing service pursuant to the Texas Rules of Civil
Procedure.
/s/ Brittany L. Davis
Brittany L. Davis
THIRD PARTY DEFENDANT BRIGGS/FREEMAN REAL ESTATE BROKERAGE, LLC’S FIRST AMENDED
ANSWER TO DEFENDANT/ THIRD PARTY PLAINTIFF’S ORIGINAL THIRD-PARTY PETITION AND
COUNTERCLAIM PAGE 7
294670023v.l
Automated Certificate of eService
This automated certificate of service was created by the efiling system.
The filer served this document via email generated by the efiling system
on the date and to the persons listed below. The rules governing
certificates of service have not changed. Filers must still provide a
certificate of service that complies with all applicable rules.
Jane Myers on behalf of Susan Schwartz
Bar No. 00797900
jane.myers@wilsonelser.com
Envelope ID: 85982144
Filing Code Description: Counter Claim
Filing Description: AND 18T AMENDED ANSWER
Status as of 3/27/2024 12:24 PM CST
Associated Case Party: BESPOKE DEVELOPMENT RAVINE LLC
Name BarNumber Email TimestampSubmitted Status
McCathern Receptionist receptionist@mccathernlaw.com 3/26/2024 3:07:03 PM SENT
Elizabeth Criswell ecriswel|@mccathernlaw.com 3/26/2024 3:07:03 PM SENT
Jesse Showalter jshowalter@mccathernlaw.com 3/26/2024 3:07:03 PM SENT
Associated Case Party: BRIGGS/FREEMAN REAL ESTATE BROKERAGE, LLC
D/B/A BRIGGS FREEMAN
Name BarNumber Email TimestampSubmitted Status
Susan AbbottSchwartz Susan.Schwartz@wilsonelser.com 3/26/2024 3:07:03 PM SENT
Brittany Davis brittany.davis@wilsonelser.com 3/26/2024 3:07:03 PM SENT
Jane Myers jane.myers@wilsonelser.com 3/26/2024 3:07:03 PM SENT
Shelly Wells shelly.wel|s@wilsonelser.com 3/26/2024 3:07:03 PM SENT
Sam Myers sam.myers@wilsonelser.com 3/26/2024 3:07:03 PM SENT
Julianna Infanzon julianna.infanzon@wilsonelser.com 3/26/2024 3:07:03 PM SENT
Amanda Benavidez amanda.benavidez@wilsonelser.com 3/26/2024 3:07:03 PM SENT
Case Contacts
Name BarNumber Email TimestampSubmitted Status
Neil RBurger nburger@ccsb.com 3/26/2024 3:07:03 PM SENT
Carolyn Taylor ctaylor@ccsb.com 3/26/2024 3:07:03 PM SENT
Sven Stricker sstricker@ccsb.com 3/26/2024 3:07:03 PM SENT
LEVI MCCATHERN LMCCATHERN@MCCATHERNLAW.COM 3/26/2024 3:07:03 PM SENT
Judy Garrison jgarrison@ccsb.com 3/26/2024 3:07:03 PM SENT
Preview
FILED 3/26/2024 3:07 PM FELICIA PITRE DISTRICT CLERK DALLAS CO., TEXAS Lauren Beavers DEPUTY CAUSE NO. DC-23-11760 BESPOKE DEVELOPMENT RAVINE, § IN THE DISTRICT COURT LLC, § § Plaintzffi § § v. § DALLAS COUNTY, TEXAS § § CHRISTOPHER ASLAM, § § Defendant/Third—Party Plain nfiS § § v. § BRIGGS/FREEMAN REAL ESTATE g 44TH JUDICIAL DISTRICT BROKERAGE, LLC, § § Thint-Party Defendant. § BRIGGS/FREEMAN REAL ESTATE BROKERAGE, LLC’S FIRST AMENDED ANSWER TO DEFENDANT’S ORIGINAL THIRD-PARTY PETITION AND COUNTERCLAIM Third-Party Defendant Briggs/Freeman Real Estate Brokerage, LLC (“Briggs/Freeman”) files this First Amended Answer to Defendant/Third—Party Plaintiff Christopher Aslam’s Original Third-Party Petition and respectfully shows this Honorable Court the following: I. GENERAL DENIAL 1. Pursuant to Rule 92 of the Texas Rules of Civil Procedure, Briggs/Freeman generally denies the claims and allegations in Defendant/Third-Party Plaintiff’s Original Third-Party Petition and any supplements or amendments thereto, contends those allegations are not true in whole or in part, and demands strict proof thereof as required by Texas law. THIRD PARTY DEFENDANT BRIGGS/FREEMAN REAL ESTATE BROKERAGE, LLC’S FIRST AMENDED ANSWER TO DEFENDANT/ THIRD PARTY PLAINTIFF’S ORIGINAL THIRD-PARTY PETITION AND COUNTERCLAIM PAGE 1 294670023V.1 II. AFFIRMATIVE DEFENSES 2. Third-Party Plaintiffs’ claims and/or causes of action against Briggs/Freeman are barred for failure to state a claim upon which relief can be granted. 3. Pleading further and in the alternative, Third-Party Plaintiff’ s claims and/or causes of action against Briggs/Freeman are barred in Whole or in part because no act or omission by Briggs/Freeman was a proximate, producing or clear and convincing cause of Third-Party Plaintiff’s alleged injuries and damages. 4. Pleading further and in the alternative, Third-Party Plaintiff’ s claims and/or causes of action against Briggs/Freeman are barred in whole or in part by third parties over Whom Briggs/Freeman possesses no right of control, and for whom it is not legally responsible. 5. Pleading further and in the alternative, Third-Party Plaintiff’s claims are barred under the doctrine of failure to mitigate. 6. Pleading further and in the alternative, Briggs/Freeman made no material or false representations to Third-Party Plaintiff upon which he relied to his detriment. 7. Pleading further and in the alternative, Briggs/Freeman hereby invokes the comparative responsibility provisions of Chapter 33, et. seq., of the Texas Civil Practice and Remedies Code, and specifically requests that the trier of fact determine, as to each cause of action asserted, the percentage of responsibility for each claimant, each defendant, each third party, each settling party, and each responsible third party designated under Section 33.004 of the Texas Civil Practice and THIRD PARTY DEFENDANT BRIGGS/FREEMAN REAL ESTATE BROKERAGE, LLC’S FIRST AMENDED ANSWER TO DEFENDANT/ THIRD PARTY PLAINTIFF’S ORIGINAL THIRD-PARTY PETITION AND COUNTERCLAIM PAGE 2 294670023V.1 Remedies Code. 8. Pleading further and in the alternative, Briggs/Freeman is or may be entitled to credits, off- sets, contribution, and indemnity pursuant to the common law of the State of Texas and Chapters 32 and 33 of the Texas Civil Practice & Remedies Code. 9. Pleading further and in the alternative, Third-Party Plaintiff’ s claims for pre-judgment interest are limited by the dates and amounts set forth in one or more of the following statutes, as applicable to this case: a. Article 50694.05, Section 6, TEX. REV. CIV. STAT. ANN.; b. Chapter 41, Section 41.007, TEX. CIV. PRAC. & REM. CODE, ANN .; and c. Texas Finance Code. 10. Pleading further and in the alternative, the calculation of post-judgment interest is governed by TEX. FIN. CODE §304.003(c). III. RECOVERY OF ATTORNEYS’ FEES 11. Pursuant to TEX. R. CIV. P. 38, Defendant hereby invokes its right to seek recovery of attorneys’ fees pursuant to the terms and conditions of Paragraph 17 of the One-to-Four Family Residential Contract (Resale) TREC promulgated Improved Property Contract executed by Plaintiff which allows Defendant, as a Listing Broker and Buyer’s Broker, who prevails in any legal proceeding related to the Contract, to be entitled to recover reasonable attomey’s fees and all costs of such proceeding. THIRD PARTY DEFENDANT BRIGGS/FREEMAN REAL ESTATE BROKERAGE, LLC’S FIRST AMENDED ANSWER TO DEFENDANT/ THIRD PARTY PLAINTIFF’S ORIGINAL THIRD-PARTY PETITION AND COUNTERCLAIM PAGE 3 294670023V.1 IV. COUNTERCLAIM Third-Party Defendant Briggs/Freeman Real Estate Brokerage, LLC (“Briggs/Freeman”) files this Counterclaim against Defendant/Third-Party Plaintiff Christopher Aslam and respectfully shows this Honorable Court the following: 12. On or about June 3, 2023, Christopher Aslam (“Aslam”) and Natalie Ribail ("Ribail”)(collectively “Clients”) executed a Residential Buyer/Tenant Representation Agreement (“Representation Agreement”) with Janelle Alcantara (“Alcantara”) of Briggs Freeman Sotheby’s (collectively “Broker”). Clients agreed to give exclusive rights to Broker to act as the Clients’ real estate agent for purposes of acquiring property in the Dallas, Texas market areas of Preston Hollow, Bluffview, and Park Cities. 13. Clients located a house and lot for sale on 5234 Ravine Drive, Dallas, Texas 75220 (“Property”). Client Christopher Aslam (“Aslam”) made an offer to purchase the Property for $5 .3 million dollars. Aslam did not terminate the transaction during the contract’s termination option period. The sales contract became enforceable. 14. On or about July 5, 2023, the day before closing, Aslam informed Alcantara his financing was delayed and he asked for additional time to consummate the sale. The sellers did not extend the time to close and performed by closing on the Property. Aslam, despite several promises to the Broker that he intended to close, never performed under the contract. 15. Paragraph 11 of the Representation Agreement governs the payment of Broker’s Fees and states in relevant part: THIRD PARTY DEFENDANT BRIGGS/FREEMAN REAL ESTATE BROKERAGE, LLC’S FIRST AMENDED ANSWER TO DEFENDANT/ THIRD PARTY PLAINTIFF’S ORIGINAL THIRD-PARTY PETITION AND COUNTERCLAIM PAGE 4 294670023V.1 11. BROKER'S FEES: A. Cummisslon: The parties agree that Broker will receive a commission calculated as follows: {1} 3.000 % of the gross sales price if Client agrees to purchase property in the market area; and [2} if Client agrees to lease property in the market area a fee equal to (check only one box): % of one month's rent or D % of all rents to be paid over the term of the lease. B. Source of Commission Payment. Broker will seek to obtain payment of commission specified 11A from the seller, landlord or their agents If such the rsons refuse ' irI Paragraph first Broker receives from such persons. C. Earned and Payable: A person is not obligated to pay Broker a commission until such time as Broker's commission is earned and payable. Broker‘s commission is earned when: {1) Client enters into a contract to buy or lease property in the market area; or (2) Client breaches this agreement. Broker's commission is payable. either during the term of this agreement or after it ends, upon the earlier of: {1} the closing of the transaction to acquire the property; (2) Client's breach of a contract to buy or lease a property in the market area; or (3) Client's breach of this agreement. If Client acquires more than one property under this agreement, Broker's commissions for each property acquired are earned as each properly is acquired and are payable at the closing of each acquisition. 16. Clients agreed to pay a three percent commission to Broker under Paragraph 11.A.(1). Under Paragraph 11.B., Clients agreed that Broker would first look to the seller or its agent to fulfill that payment obligation. Under Paragraph l 1.C., the Broker’s commission owed by Clients was “earned” when Aslam contracted to purchase the Property. The Commission became “payable” when Aslam breached the sales contract by failing to close the transaction. l7. Due to Aslam’s default, the sellers of the Property have not paid Broker any commission. Aslam has breached the Representation Agreement and owes Briggs/Freeman three percent of the gross sales price of $5.3 million dollars which is $159,000. l8. Aslam entered into the Representation Agreement. He breached the Representation Agreement and Briggs/Freeman has earned its commission which is payable under the agreement. 19. Pursuant to Paragraph l4 of the Representation Agreement, Paragraph l7 of the One-to- Four Family Residential Contract (Resale) and pursuant to Chapter 38 of the Texas Civil Practice THIRD PARTY DEFENDANT BRIGGS/FREEMAN REAL ESTATE BROKERAGE, LLC’S FIRST AMENDED ANSWER TO DEFENDANT/ THIRD PARTY PLAINTIFF’S ORIGINAL THIRD-PARTY PETITION AND COUNTERCLAIM PAGE 5 294670023v.1 & Remedies Code, Briggs/Freeman further seeks all attorneys fees and costs it has incurred in bringing this claim. WHEREFORE, Third Party Defendant Briggs/Freeman Real Estate Brokerage, LLC prays that this Court will dismiss those allegations and that Defendant/Third-Party Plaintiff takes nothing from his suit against Briggs/Freeman, that all claims and causes of action against it be denied, that damages it has incurred for Defendant’s breach of contract be awarded, and it seeks other and or further relief to which it is justly entitled. Respectfully submitted, /s/ Brittany L. Davis Susan A. Schwartz Texas Bar No. 00797900 susan.schwartz@wilsonelser.com Brittany L. Davis Texas Bar No. 24093404 brittany.davis@wilsonelser.com WILSON ELSER MOSKOWITZ EDELMAN & DICKER LLP 901 Main Street, Suite 4800 Dallas, Texas 75202 214-698-8000 — telephone 214-698-1101 — telecopier COUNSEL FOR THIRD PARTY DEFENDANT BRIGGS/FREEMAN REAL ESTATE BROKERAGE, LLC THIRD PARTY DEFENDANT BRIGGS/FREEMAN REAL ESTATE BROKERAGE, LLC’S FIRST AMENDED ANSWER TO DEFENDANT/ THIRD PARTY PLAINTIFF’S ORIGINAL THIRD-PARTY PETITION AND COUNTERCLAIM PAGE 6 294670023v.1 CERTIFICATE OF SERVICE A true and correct copy of the foregoing has been served on all counsel of record on this 26th day of March 2024, through the e-filing service pursuant to the Texas Rules of Civil Procedure. /s/ Brittany L. Davis Brittany L. Davis THIRD PARTY DEFENDANT BRIGGS/FREEMAN REAL ESTATE BROKERAGE, LLC’S FIRST AMENDED ANSWER TO DEFENDANT/ THIRD PARTY PLAINTIFF’S ORIGINAL THIRD-PARTY PETITION AND COUNTERCLAIM PAGE 7 294670023v.l Automated Certificate of eService This automated certificate of service was created by the efiling system. The filer served this document via email generated by the efiling system on the date and to the persons listed below. The rules governing certificates of service have not changed. Filers must still provide a certificate of service that complies with all applicable rules. Jane Myers on behalf of Susan Schwartz Bar No. 00797900 jane.myers@wilsonelser.com Envelope ID: 85982144 Filing Code Description: Counter Claim Filing Description: AND 18T AMENDED ANSWER Status as of 3/27/2024 12:24 PM CST Associated Case Party: BESPOKE DEVELOPMENT RAVINE LLC Name BarNumber Email TimestampSubmitted Status McCathern Receptionist receptionist@mccathernlaw.com 3/26/2024 3:07:03 PM SENT Elizabeth Criswell ecriswel|@mccathernlaw.com 3/26/2024 3:07:03 PM SENT Jesse Showalter jshowalter@mccathernlaw.com 3/26/2024 3:07:03 PM SENT Associated Case Party: BRIGGS/FREEMAN REAL ESTATE BROKERAGE, LLC D/B/A BRIGGS FREEMAN Name BarNumber Email TimestampSubmitted Status Susan AbbottSchwartz Susan.Schwartz@wilsonelser.com 3/26/2024 3:07:03 PM SENT Brittany Davis brittany.davis@wilsonelser.com 3/26/2024 3:07:03 PM SENT Jane Myers jane.myers@wilsonelser.com 3/26/2024 3:07:03 PM SENT Shelly Wells shelly.wel|s@wilsonelser.com 3/26/2024 3:07:03 PM SENT Sam Myers sam.myers@wilsonelser.com 3/26/2024 3:07:03 PM SENT Julianna Infanzon julianna.infanzon@wilsonelser.com 3/26/2024 3:07:03 PM SENT Amanda Benavidez amanda.benavidez@wilsonelser.com 3/26/2024 3:07:03 PM SENT Case Contacts Name BarNumber Email TimestampSubmitted Status Neil RBurger nburger@ccsb.com 3/26/2024 3:07:03 PM SENT Carolyn Taylor ctaylor@ccsb.com 3/26/2024 3:07:03 PM SENT Sven Stricker sstricker@ccsb.com 3/26/2024 3:07:03 PM SENT LEVI MCCATHERN LMCCATHERN@MCCATHERNLAW.COM 3/26/2024 3:07:03 PM SENT Judy Garrison jgarrison@ccsb.com 3/26/2024 3:07:03 PM SENT